Judgment: 2010-11-18 · Court archive

High Court quashes HSE report after finding audiologist was denied fair procedures

The court set aside the HSE’s undated final report on allegations of inappropriate contact with a child, but refused to quash its decision to notify An Garda Síochána.

High Court · [2010] IEHC 503

Who, what, where, when and why

Who
  • Phil Cooke (Applicant)
  • Health Service Executive (Respondent)
  • the complainant
What

The court set aside the HSE’s undated final report on allegations of inappropriate contact with a child, but refused to quash its decision to notify An Garda Síochána.

Where

No place detail is included in this summary.

When

Judgment:

Why

Reasons reported in the judgment

The High Court quashed an undated Health Service Executive report concerning allegations against an audiologist, finding that she was not afforded fair procedures. The court refused, however, to quash the HSE’s decision to notify An Garda Síochána and said it had no identified legal basis to prevent the HSE from reporting the complaint.

The High Court quashed an undated Health Service Executive report concerning allegations against an audiologist, finding that she was not afforded fair procedures. The court refused, however, to quash the HSE’s decision to notify An Garda Síochána and said it had no identified legal basis to prevent the HSE from reporting the complaint.

The applicant, Phil Cooke, sought judicial review of the report and the Garda notification, along with declarations and damages. The HSE had received an allegation concerning contact with a child dating to 1992–1994, when Cooke was working as a visiting teacher for the deaf. The allegations were denied. The judgment does not determine whether they were true.

The HSE’s childcare manager, identified in the judgment as Ms K., prepared an initial report after meeting the complainant and his mother. At a February 2009 meeting, Cooke was given details of the allegation and denied it. The HSE later produced a final report that described the complainant’s account as credible and recommended, among other things, notifying Gardaí. The report recorded that Cooke denied the allegations, but the court found the initial report was one-sided and that the final report had been prepared without fully engaging with her, despite her requests to respond before conclusions were reached.

The HSE argued that it had a statutory child-protection function and was entitled to assess the complaint and report it to the appropriate authorities. It also disputed that Cooke was its employee at the relevant time. The court could not determine her employment status from the affidavits and said its decision did not depend on her being an HSE employee. She was undergoing a pre-screening process before possible sessional employment, which brought the fair-procedure principles discussed in an earlier case into play.

The court concluded that Cooke should have received notice of the allegations before interview and a reasonable opportunity to respond and to prompt any further inquiries that her response made appropriate. It found that she had not received fair procedures and was entitled to protection of her good name and livelihood.

The judgment records that the HSE notified Gardaí by letter dated 20 August 2009. The court declined to quash that decision, including an objection to the letter’s request that a nominated Garda contact Ms K. before contacting the family. It granted certiorari quashing the final report and said it would hear counsel about what further relief should be granted. The judgment does not specify any additional order.

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